The Applicant and Respondent were parties to a land case in the High Court (Land Division). While the case was at a nascent stage, the Respondent (original Plaintiff), the landlord, issued an eviction order against the Applicant (original Defendant), the tenant. The Applicant asked the Court to waive such an eviction but the Court ordered the eviction despite the fact that an eviction was not part of the reliefs sought by the Plaintiff (the Respondent). The Applicant (the Defendant) filed a revision application in the Court of Appeal under section 4(3) of the Appellate Jurisdiction Act [Cap 141 R.E. 2002]. The Court of Appeal considered whether or not the eviction order had the effect of finally determining the suit.